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Md. Nishra Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2021)

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Orissa HC
2021
Md. Nishra Vs State of OdishaMd. Nishra v. State of Odisha

Dismissed

Md. Nishra v. State of Odisha

Orissa HC6 Apr 2021BLAPL/1900/2021

Case brief

AI extract

What is this about?

High Court of Orissa disposed of a bail application by upholding the Sessions Judge's rejection. The court refused to grant bail due to the petitioners' apprehension at the spot and the seizure of a huge quantity of adulterated drugs, though they may renew the prayer after examining material witnesses.

What did the court decide?

Bail prayer rejected; petitioners allowed to renew prayer after examination of material witnesses.

What the court decided

AI extract

Outcome

Bail prayer rejected; petitioners allowed to renew prayer after examination of material witnesses.

Issue for consideration

Whether the petitioners should be released on bail considering the apprehension at the spot and seizure of adulterated drugs. +1 more

Detailed headnote1 paragraphs

This is a bail application under Section 439 Cr.P.C. concerning alleged offences under Sections 274, 275, and 34 IPC. The court held that in view of the material evidence showing the petitioners were apprehended at the scene and a huge quantity of adulterated drugs were seized from their possession, they were not inclined to release them on bail. Bail application dismissed.

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 1900 of 2021

1. MD. Nishra

2. Pradip Podh

…. Petitioners

Mr. S. Padhee, Advocate

-versus-

State of Odisha

…. Opp. Party Mr. A.N. Das, A.G.A. CORAM:

JUSTICE S.K. SAHOO ORDER

Order No.

06.04.2021

This matter is taken up by video conferencing mode.

Heard the learned counsel for the petitioners and learned counsel for the State.

This is an application under section 439 of Cr.P.C. in connection with Bargarh Town P.S. Case No.66 of 2021 corresponding to C.T. Case No.148 of 2021 pending in the file of learned S.D.J.M., Bargarh for alleged commission of offences under sections 274/275/34 of the Indian Penal Code read with section 2 of Orissa amendment Act, 3 of 1999.

The prayer for bail of the petitioners was rejected by the learned Sessions Judge, Bargarh vide order dated 02.03.2021.

// 2 //

In view of the available material on record and taking into account the fact that the petitioners were apprehended at the spot and huge quantity of adulterated drugs were seized from their possession, I am not inclined to release the petitioners on bail.

Accordingly, the BLAPL is stands dismissed.

The petitioners are at liberty to renew their prayer for bail after examination of the material witnesses in the learned trial Court

As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order available in the High Court’s website or print out thereof at par with certified copy in the manner prescribed, vide Court’s Notice No.4587, dated 25^th March, 2020. ( S.K. Sahoo) Judge

P

Page 2 of 2

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the petitioners should be released on bail considering the apprehension at the spot and seizure of adulterated drugs.
2.
Whether the rejection of bail impugned order should be modified.

Statutes considered

3 provisions across 3 enactments

AI extract

Code of Criminal Procedure439
Indian Penal Code274
Orissa Amendment Act2

Parties & counsel

AI extract

petitioner
Md. Nishra
petitioner
Pradip Podh
respondent
State of Odisha

Coram

AI extract

S.K. Sahoo

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 6 Apr 2021 · April
Registered: 5 Mar 2021
Case no.: BLAPL/1900/2021
CNR: ODHC010171402021
Topic: Narcotics (NDPS)
Bench: S.k.sahoo
Disposal: Rejected

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Cite this judgement

Md. Nishra v. State of Odisha, BLAPL/1900/2021 (OD), decided on 6 April 2021.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes3

Code of Criminal Procedure439
Indian Penal Code274
Orissa Amendment Act2

View all statutes

Bench / Coram

S.K. Sahoo

Parties & counsel